Eligible Employee Definition Example with 5 Variations

Eligible Employee. Shall mean means any individual who is a common law employee of the Company or any Designated Subsidiary whose customary employment with the Company or any Designated Subsidiary an Employer and is customarily employed for at least twenty (20) hours per week and more than five (5) months in any calendar year, or any lesser number of hours per week and/or number of months in any calendar year established by the Administrator (if required under applicable local law) for purposes of any separate... Offerings. Employer. For purposes of the Plan, the employment relationship shall will be treated as continuing intact while the individual is on sick leave or other leave of absence approved by that the Company. Employer approves. Where the period of leave exceeds three (3) months and the individual's right to reemployment is not guaranteed either by statute or by contract, the employment relationship will be deemed to have terminated three (3) months and one (1) day following the commencement of such leave. The Administrator, in its discretion, from time to time may, prior to an Enrollment Offering Date for all options to be granted on such Enrollment Date in an Offering, Offering Date, determine (on a uniform and -2- nondiscriminatory basis or as otherwise permitted by Treasury Regulation Section 1.423-2) basis) that the definition of Eligible Employee will or will not include an individual if he or she: (i) has not completed at least two (2) years of service since his or her last hire date (or such lesser period of time as may be determined by the Administrator in its discretion), (ii) customarily works not more than twenty (20) hours per week (or such lesser period of time as may be determined by the Administrator in its discretion), (iii) customarily works not more than five (5) months per calendar year (or such lesser period of time as may be determined by the Administrator in its discretion), (iv) is a highly compensated employee within the meaning of Section 414(q) of the Code, an executive, officer or other manager, or (v) is a highly compensated employee within the meaning of under Section 414(q) of the Code with compensation above a certain level or is an officer or subject to the disclosure requirements of Section 16(a) of the Exchange Act, provided the exclusion is applied with respect to each Offering in an identical manner to all highly compensated individuals of the Employer whose Employees are participating in that Offering. Each exclusion shall be applied with respect to an Offering in a manner complying with U.S. Treasury Regulation Section 1.423-2(e)(2)(ii). View More

Eligible Employee. Shall mean means any individual who is a common law employee of the Company or any Designated Subsidiary whose customary employment with the Company or any Designated Subsidiary an Employer and is at least customarily employed for more than twenty (20) hours per week and more than five (5) months in any calendar year, or any lesser number of hours per week and/or number of months in any calendar year established by the Administrator (if required under applicable local law) for purposes of any... separate Offerings. Employer. For purposes of the Plan, the employment relationship shall will be treated as continuing intact while the individual is on sick leave or other leave of absence approved by that the Company. Employer approves. Where the period of leave exceeds three (3) months and the individual's right to reemployment is not guaranteed either by statute or by contract, the employment relationship will be deemed to have terminated three (3) months and one (1) day following the commencement of such leave. The Administrator, in its discretion, from time to time may, prior to an Enrollment Offering Date for all options to be granted on such Enrollment Date in an Offering, determine (on a uniform (to the extent compliant with the Section 423 of the Code rules regarding equal rights and nondiscriminatory basis or as otherwise permitted by Treasury Regulation Section 1.423-2) privileges) that the definition of Eligible Employee will or will not include an individual if he or she: (i) has not completed at least two (2) years of service since his or her last hire date (or such lesser period of time as may be determined by the Administrator in its discretion), (ii) customarily works not more than twenty (20) hours per week (or such lesser period of time as may be determined by the Administrator in its discretion), (iii) customarily works not more than five (5) months per calendar year (or such lesser period of time as may be determined by the Administrator in its discretion), (iv) is a highly compensated employee within the meaning of Section 414(q) of the Code, an executive, officer or other manager, or (v) is a highly compensated employee within the meaning of under Section 414(q) of the Code with compensation above a certain level or is an officer or subject Code. With respect to offerings made under the disclosure requirements of Section 16(a) Non-423 Component of the Exchange Act, provided Plan, the exclusion is applied with respect to each Offering in an identical manner to all highly compensated individuals of the Employer whose Employees are participating in that Offering. Each exclusion shall be applied with respect to an Offering in a manner complying with U.S. Treasury Regulation Section 1.423-2(e)(2)(ii). Administrator may limit eligibility further. View More

Eligible Employee. Shall mean any individual who is a common law employee of the Company or any of its Designated Subsidiary whose customary employment with the Company or any Designated Subsidiary Subsidiaries and is customarily employed for at least twenty (20) hours per week and more than five (5) months in any calendar year, or any lesser number of hours per week and/or number of months in any calendar year established by the Administrator (if required under applicable local law) for purposes of any separate... Offerings. Company or such Designated Subsidiary. For purposes of the Plan, the employment relationship shall be treated as continuing intact while the individual is on sick leave or other leave of absence approved by the Company. Company or the Designated Subsidiary. Where the period of leave exceeds three (3) months and the individual's right to reemployment is not guaranteed either by statute or by contract, the employment relationship will shall be deemed to have terminated three (3) months and one (1) day following the commencement of such leave. The Administrator, Board, in its discretion, from time to time may, prior to an Enrollment Offering Date for all options to be granted on such Enrollment Date in an Offering, Offering Date, determine (on a uniform and nondiscriminatory basis or as otherwise permitted by Treasury Regulation Section 1.423-2) basis) that the definition of Eligible Employee will shall or will shall not include an individual if he or she: (i) has not completed at least two (2) years of service since his or her last hire date (or such lesser period of time as may be determined by the Administrator Board in its discretion), (ii) customarily works not more than twenty (20) hours per week (or such lesser period of time as may be determined by the Administrator Board in its discretion), (iii) customarily works not more than five (5) months per calendar year (or such lesser period of time as may be determined by the Administrator Board in its discretion), (iv) is a highly compensated employee within the meaning of Section 414(q) of the Code, an executive, officer or other manager, or (v) is a highly compensated employee within the meaning of under Section 414(q) of the Code with compensation above a certain level or is an officer or subject to the disclosure requirements of Section 16(a) of the Exchange Act, provided the exclusion is applied with respect to each Offering in an identical manner to all highly compensated individuals of the Employer whose Employees are participating in that Offering. Each exclusion shall be applied with respect to an Offering in a manner complying with U.S. Treasury Regulation Section 1.423-2(e)(2)(ii). View More

Eligible Employee. Shall mean any individual who is a common law employee of providing services to the Company or any a Designated Subsidiary whose customary employment with the Company or any Designated Subsidiary and is customarily employed for at least twenty (20) hours per week and more than five (5) months in any calendar year, year by the Employer, or any lesser number of hours per week and/or number of months in any calendar year established by the Administrator (if required under applicable local law) Applicable Laws) for purposes of any separate Offerings. Offering or for Participants in the Non-423 Component. For purposes of the Plan, the employment relationship shall will be treated as continuing intact while the individual is on sick leave or other leave of absence approved by that the Company. Employer approves or is legally protected under Applicable Laws with respect to the Participant's participation in the Plan. Where the period of leave exceeds three (3) months and the individual's right to reemployment is not guaranteed either by statute or by contract, the employment relationship will be deemed to have terminated three (3) months and one (1) day following the commencement of such leave. The Administrator, in its discretion, from time to time may, prior to an Enrollment Date for all options to be granted on such Enrollment Date in an Offering, determine (on (for each Offering under the 423 Component, on a uniform and nondiscriminatory basis or as otherwise permitted by U.S. Treasury Regulation Regulations Section 1.423-2) that the definition of Eligible Employee will or will not include an individual if he or she: (i) (a) has not completed at least two (2) years of service since his or her last hire date (or such lesser period of time as may be determined by the Administrator in its discretion), (ii) (b) customarily works not more than twenty (20) hours per week (or such lesser period of time as may be determined by the Administrator in its discretion), (iii) (c) customarily works not more than five (5) months per calendar year (or such lesser period of time as may be determined by the Administrator in its discretion), (iv) (d) is a highly compensated employee within the meaning of Code Section 414(q) of the Code, 414(q), or (v) (e) is a highly compensated employee within the meaning of Code Section 414(q) of the Code with compensation above a certain level or is an officer or subject to the disclosure requirements of Section 16(a) of the Exchange Act, provided the exclusion is applied with respect to each Offering under the 423 Component in an identical manner to all highly compensated individuals of the Employer whose Employees employees are participating in that Offering. Each exclusion shall will be applied with respect to an Offering under the 423 Component in a manner complying with U.S. Treasury Regulation Regulations Section 1.423-2(e)(2)(ii). Such exclusions may be applied with respect to an Offering under the Non-423 Component without regard to the limitations of U.S. Treasury Regulations Section 1.423-2 View More

Eligible Employee. Shall mean any individual who is a common law employee of the Company or any Designated Subsidiary whose customary employment with the Company or any Designated Subsidiary an Employer and is customarily employed for at least twenty (20) 20 hours per week and more than five (5) months in any calendar year, or any lesser number of hours per week and/or number of 5 months in any calendar year established by the Administrator (if required under applicable local law) for purposes of any separate... Offerings. Employer. For purposes of the Plan, the employment relationship shall will be treated as continuing intact while the individual is on sick leave or other leave of absence approved by that the Company. Employer approves. Where the period of leave exceeds three (3) months 90 days and the individual's right to reemployment is not guaranteed either by statute or by contract, the employment relationship will be deemed to have terminated three (3) months and one (1) on the 91st day following commencement of such leave. The Administrator, in its discretion, from time to time may, prior to an Enrollment Offering Date for all options to be granted on such Enrollment Date in an Offering, Offering Date, determine (on a uniform and nondiscriminatory basis or as otherwise permitted by Treasury Regulation Section 1.423-2) basis) that the definition of Eligible Employee will or will not include an individual if he or she: (i) has not completed at least two (2) 2 years of service since his or her last hire date (or such lesser period of time as may be determined by the Administrator in its discretion), (ii) customarily works not more than twenty (20) 20 hours per week (or such lesser period of time as may be determined by the Administrator in its discretion), (iii) customarily works not more than five (5) 5 months per calendar year (or such lesser period of time as may be determined by the Administrator in its discretion), (iv) is a highly compensated employee within the meaning of Section 414(q) of the Code, an officer or other manager, or (v) is a highly compensated employee within the meaning of under Section 414(q) of the Code with compensation above a certain level or is an officer or subject to the disclosure requirements of Section 16(a) of the Exchange Act, provided the exclusion is applied with respect to each Offering in an identical manner to all highly compensated individuals of the Employer whose Employees are participating in that Offering. Each exclusion shall be applied with respect to an Offering in a manner complying with U.S. Treasury Regulation Section 1.423-2(e)(2)(ii). Code. View More